Washington allows Sacrament of Confession exception to mandatory reporting

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OLYMPIA, Wash. – The State of Washington reached an agreement with Catholic priests and the Department of Justice to allow Catholic priests to maintain secrecy while performing the Sacrament of Confession.

The agreement resolves a lawsuit against the State of Washington regarding SB 5375, “An act relating to the duty of clergy to report child abuse and neglect.” This bill would require religious leaders to act as mandatory reporters even while in a confidential space, like the Catholic practice of confession.

The Sacrament of Confession dates back to the earliest centuries of the Christian church and involves an individual who confesses their sins to a priest to seek mercy and reconciliation. Priests who perform confession vow never to speak about what they hear during confession.

“The seal is so central to the Catholic faith that any priest who breaks it is automatically excommunicated,” Becket, a legal institute focusing on religious expression that was involved with the lawsuit, explained.

According to the resolution released by State of Washington Attorney General Nick Brown, SB 5375 will go into effect but will include an exception for the Sacrament of Confession, or other religious practices requiring secrecy from the religious leader involved.

The exception started as a preliminary injunction, which a group of . The injunction was granted by a federal judge on July 18 and formed the foundation for the final stipulations agreed to by the state of Washington.

This means clergy still remain mandatory reporters. Most states have laws listing clergy as mandatory reporters, wrote Brown, but Washington only included them when it introduced SB 5375 in May 2025.

Mandatory reporters are required to tell authorities if they suspect a child is being abused or neglected. Many professions are listed as mandatory reporters, including teachers, childcare workers and medical practitioners.

“Today’s agreement respects the court’s decision in this case and maintains important protections for children,” said Attorney General Nick Brown. “It keeps crucial portions of Washington’s mandatory reporting law in place, while also preserving the Legislature’s authority to address issues with the law identified by the court.”

“Washington was wise to walk away from this draconian law and allow Catholic clergy to continue ministering to the faithful,” said Mark Rienzi, president and CEO of Becket. “This is a victory for religious freedom and for common sense. Priests should never be forced to make the impossible choice of betraying their sacred vows or going to jail.”

“It is a credit to the Attorney General of Washington, the Governor, and the Archbishop and Bishops that they were able to come together and find common ground under the First Amendment to protect religious liberty while seeking to eradicate the scourge of sexual abuse,” said Hiram Sasser, Executive General Counsel for First Liberty Institute. “I hope we can all learn from their noble examples.”

“Preventing abuse and upholding the sacred seal of confession are not mutually exclusive—we can and must do both,” said Jean Hill, Executive Director of the Washington State Catholic Conference. “That’s why the Church supported the law’s goal from the beginning and only asked for a narrow exemption to protect the sacrament. We’re grateful the state ultimately recognized it can prevent abuse without forcing priests to violate their sacred vows.”


 

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